Unmarried and Pregnant: Can She Access Maternity Benefits?

Dear Seniors, if an unmarried girl gets pregnant, is she eligible to avail the maternity benefit?

Yes, she will get maternity benefits irrespective of her marital status.

The unmarried girl is entitled to receive maternity benefits with no regression. There is no mention in the "MATERNITY BENEFIT ACT" that only married women should receive maternity benefits, and no age factor is specified. Therefore, a girl (even if she is below 17 years of age) is eligible.

Objective of the Maternity Benefit Act

Motherhood is a very special experience in a woman's life. A woman needs to be able to give quality time to her child without having to worry about losing her job and her source of income. That is where the concept of maternity leave and the benefits it entails comes in handy. The Maternity Benefits Act, 1961, assures her that her rights will be protected while she is at home caring for her child.

The object of the Act is to regulate the employment of women in certain establishments for specific periods before and after childbirth and to provide for maternity benefits and certain other benefits. To be eligible for maternity benefits, a woman should have worked in an establishment for not less than 80 days in the twelve months immediately prior to the date of her expected delivery.

The maximum period for which any woman can be entitled to maternity benefits is twelve weeks. This includes six weeks up to and including the day of her delivery and six weeks immediately following that day.

The woman employee is eligible to receive a medical bonus amount of three thousand and five hundred rupees.

Thanks and Regards,

Prakash Perumal

Clarification on Maternity Benefits for Unmarried Women

The definition of a woman under Section 2(o) of The Maternity Benefits Act, 1961 does not differentiate between married and unmarried women. It defines "woman" as a woman employed, whether directly or through any agency, for wages in any establishment. This is also evident from the fact that in the various forms prescribed under Maternity Rules, it asks for the name of the woman, wife/daughter of Sh X, Y, or Z, and nothing else. I hope this clarifies your doubt and answers your query as well.

Regards,
BS Kalsi
Member since Aug 2011

There is no change in benefits; it's still 12 weeks. The condition of 80 days is only for eligibility (continuous service of not less than 80 days).

Maternity Bonus
In the case of a female employee covered under the ESI Act, it is Rs 5000, and if not covered under the ESI Act, then it's Rs 3500, subject to whether the employer has not provided any arrangement or has not done by the employer for confinement.

Regards

Supreme Court Judgment on Maternity Benefits for Unmarried Women

An unmarried lady employee of P&T (when Posts and Telegraphs were a joint entity) had claimed Maternity Benefit, which was rejected by her employers on the grounds that she was unmarried. The Supreme Court delivered a landmark judgment stating, "Paternity is always a matter of doubt; the man knows that he is the father only when he is told so, but maternity is never a matter of doubt. We are not here to judge the morality of the case; we are here to give the woman the benefits that she deserves. The law says woman employee and not married woman employee, so the question of refusing maternity benefit to a woman because she is not married does not arise at all."

Therefore, the marital status of a woman who claims Maternity Benefit should not be a consideration at all.

Regards,
Kirti